October 17, 2019
DHS policies and practices harm transgender asylum seekers, who are often subject to harassment, sexual and physical assault, medical neglect, and solitary confinement
Senators Warren and Baldwin Call for Swift Action to Protect Transgender Migrants
DHS policies and practices harm transgender asylum seekers, who are often subject to harassment, sexual and physical assault, medical neglect, and solitary confinement
Washington, DC - United States Senators Elizabeth Warren
(D-Mass.) and Tammy Baldwin (D-Wis.) sent a letter to U.S. Department of
Homeland Security (DHS) Acting Secretary Kevin McAleenan, U.S. Immigration and
Customs Enforcement (ICE) Acting Director Matthew Albence, and U.S. Customs and
Border Protection (CBP) Acting Commissioner Mark Morgan, citing reports that
detail abuse and neglect of transgender migrants and asylum seekers and urging
the Trump Administration to reverse policies that are harming these vulnerable
populations.
"Around the world, transgender individuals face violence, harassment,
and discrimination based on their gender identity and gender expression," the
lawmakers wrote. "The United States should protect individuals
fleeing persecution and targeted violence, including persecution based on
gender identity or expression-not subject them to further harm."
In their letter, the lawmakers cite several instances in which DHS policies
and practices harm transgender migrants, including the "Migrant Protection
Protocols" (also known as "Remain in Mexico"),
"metering" policies, and the third-country transit asylum bar. The
lawmakers' letter describes how those policies and practices, which turn
transgender asylum seekers away from the United States, place them in harm's
way, and violate the United States' moral and legal obligations.
The lawmakers' letter also cites the overwhelming evidence of systemic
neglect and mistreatment of transgender individuals in immigration detention
facilities, including harassment, sexual and physical assault, medical neglect,
and solitary confinement.
"These troubling reports demonstrate ICE's inability to provide
adequate conditions for transgender immigrants," wrote the
lawmakers. "Given these risks, and the specialized medical and
other care necessary to care adequately for transgender detainees, ICE should
rely on alternatives to detention, an approach with strong, bipartisan support
that includes release on recognizance, parole, and community-based
alternatives."
The lawmakers also requested a staff-level briefing on or before October 29,
2019 to update their offices on efforts to address the harm to transgender
migrants.
Senator Warren's letter is part of her ongoing efforts to protect the health
and safety of migrants and asylum seekers:
- In November 2018, Senator Warren led ten of her Senate
colleagues in sending
letters to the two largest private immigration detention
contractors in the United States requesting information about the
companies' compliance with federal immigration detention standards
following a DHS Inspector General (IG) report about unsafe conditions and
mistreatment of immigrants at a number of privately-run immigration
detention centers.
- In April 2019, she led her colleagues in writing to
ICE in response to the findings of the senators' investigation of private
prison companies' compliance with federal immigration detention standards,
which revealed that neither the private prison companies nor their private
auditor have taken responsibility for grievous failures identified by the
DHS IG.
- Following a DHS IG report regarding unsafe conditions
and mistreatment of immigrants at a number of privately-run immigration
detention centers, Senator Warren opened investigations into
two of the country's largest private prison contractors, along with the
contractor responsible
for auditing detention facilities. In April 2019, she released the
prison companies' responses, which revealed that none of the companies had
taken responsibility for egregious failures identified by the DHS IG
and demonstrated an
ongoing dispute between the auditor and the IG about the quality of the
auditor's inspections.
- In May 2019, the senator opened
an investigation into the accreditation process for private
detention operators following widespread reports of mismanagement and poor
conditions for detainees in facilities nationwide. She has also questioned
ICE on the misuse of solitary confinement, and requested
an investigation into reports of solitary confinement being used to
coerce participation in "voluntary" work programs at immigration
detention facilities.
- She joined
Senator Brian Schatz (D-Hawai'i) and seven other U.S. senators calling for
the federal government to investigate federal contractors after disturbing
reports of hungry, sick, and unbathed children being held in federal contractor
facilities near the border were made public. She also wrote
to CBP requesting answers on steps being taken to protect children and has
raised
concerns about reports the Homestead Temporary Shelter for
Unaccompanied Children may be used once again to detain children, despite
its documented history of overcrowding and poor conditions.
- Last month, Senator Warren expressed
serious concerns over DHS's announcement that migrant families
currently detained at CBP holding centers would not be vaccinated for the
flu ahead of this year's flu season.
###
Washington, DC - United States Senators Elizabeth Warren
(D-Mass.) and Tammy Baldwin (D-Wis.) sent a letter to U.S. Department of
Homeland Security (DHS) Acting Secretary Kevin McAleenan, U.S. Immigration and
Customs Enforcement (ICE) Acting Director Matthew Albence, and U.S. Customs and
Border Protection (CBP) Acting Commissioner Mark Morgan, citing reports that
detail abuse and neglect of transgender migrants and asylum seekers and urging
the Trump Administration to reverse policies that are harming these vulnerable
populations.
"Around the world, transgender individuals face violence, harassment,
and discrimination based on their gender identity and gender expression," the
lawmakers wrote. "The United States should protect individuals
fleeing persecution and targeted violence, including persecution based on
gender identity or expression-not subject them to further harm."
In their letter, the lawmakers cite several instances in which DHS policies
and practices harm transgender migrants, including the "Migrant Protection
Protocols" (also known as "Remain in Mexico"),
"metering" policies, and the third-country transit asylum bar. The
lawmakers' letter describes how those policies and practices, which turn
transgender asylum seekers away from the United States, place them in harm's
way, and violate the United States' moral and legal obligations.
The lawmakers' letter also cites the overwhelming evidence of systemic
neglect and mistreatment of transgender individuals in immigration detention
facilities, including harassment, sexual and physical assault, medical neglect,
and solitary confinement.
"These troubling reports demonstrate ICE's inability to provide
adequate conditions for transgender immigrants," wrote the
lawmakers. "Given these risks, and the specialized medical and
other care necessary to care adequately for transgender detainees, ICE should
rely on alternatives to detention, an approach with strong, bipartisan support
that includes release on recognizance, parole, and community-based
alternatives."
The lawmakers also requested a staff-level briefing on or before October 29,
2019 to update their offices on efforts to address the harm to transgender
migrants.
Senator Warren's letter is part of her ongoing efforts to protect the health
and safety of migrants and asylum seekers:
- In November 2018, Senator Warren led ten of her Senate colleagues in sending letters to the two largest private immigration detention contractors in the United States requesting information about the companies' compliance with federal immigration detention standards following a DHS Inspector General (IG) report about unsafe conditions and mistreatment of immigrants at a number of privately-run immigration detention centers.
- In April 2019, she led her colleagues in writing to ICE in response to the findings of the senators' investigation of private prison companies' compliance with federal immigration detention standards, which revealed that neither the private prison companies nor their private auditor have taken responsibility for grievous failures identified by the DHS IG.
- Following a DHS IG report regarding unsafe conditions and mistreatment of immigrants at a number of privately-run immigration detention centers, Senator Warren opened investigations into two of the country's largest private prison contractors, along with the contractor responsible for auditing detention facilities. In April 2019, she released the prison companies' responses, which revealed that none of the companies had taken responsibility for egregious failures identified by the DHS IG and demonstrated an ongoing dispute between the auditor and the IG about the quality of the auditor's inspections.
- In May 2019, the senator opened an investigation into the accreditation process for private detention operators following widespread reports of mismanagement and poor conditions for detainees in facilities nationwide. She has also questioned ICE on the misuse of solitary confinement, and requested an investigation into reports of solitary confinement being used to coerce participation in "voluntary" work programs at immigration detention facilities.
- She joined Senator Brian Schatz (D-Hawai'i) and seven other U.S. senators calling for the federal government to investigate federal contractors after disturbing reports of hungry, sick, and unbathed children being held in federal contractor facilities near the border were made public. She also wrote to CBP requesting answers on steps being taken to protect children and has raised concerns about reports the Homestead Temporary Shelter for Unaccompanied Children may be used once again to detain children, despite its documented history of overcrowding and poor conditions.
- Last month, Senator Warren expressed serious concerns over DHS's announcement that migrant families currently detained at CBP holding centers would not be vaccinated for the flu ahead of this year's flu season.
###
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